Case Study

Eviction for non-payment of rent · Windsor · SWL-48157-21

Ontario LTB order in Windsor · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: Not Available

Termination Date: October 10, 2021

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: SWL-48157-21
Address: 1, 2403 arthur road windsor on n8w4v8
Form Used:
Served By:
Amount Awarded: $8,101.53
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: layton gilbraith, kristen gilbraith
Landlord Rep: Self Represented
Tenant: dustin menard
Tenant Rep: Self Represented
Adjudicator: Debbie Mosaheb
Keywords: eviction, non-payment of rent, persistent late payment, rent deposit, rent arrears

⚖️ Decision summary

This Landlord application — Eviction for non-payment of rent — was granted.

⚠️ Dispute summary

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlords and the Tenant is terminated, as of October 10, 2021. The Tenant must move out of the rental unit on or before October 10, 2021. 2. The Tenant shall pay to the Landlords $8,101.53, which represents compensation for the use of the unit from March 1, 2021 to September 29, 2021, less the rent deposit and interest the Landlords owe on the rent deposit. The Landlord shall deduct from this amount, any payments the Tenant made from March 1, 2021 to September 29, 2021. 3. The Tenant shall also pay to the Landlords $44.38 per day for compensation for the use of the unit from September 30, 2021 to the date the Tenant moves out of the unit. 4. The Tenant shall also pay to the Landlords $186.00 for the cost of filing the application. 5. If the Tenant does not pay the Landlords the full amount owing on or before October 10, 2021, the Tenant will start to owe interest. This will be simple interest calculated from October 11, 2021 at 2.00% annually on the balance outstanding. 6. If the unit is not vacated on or before October 10, 2021, then starting October 11, 2021, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 7. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlords on or after October 11, 2021. September 29, 2021 Date Issued Debbie Mosaheb Member, Landlord and Tenant Board South West-RO 150 Dufferin Avenue, Suite 400, 4th Floor London ON N6A5N6

💡 Summary points

applied for an order to terminate the tenancy and evict Dustin Menard (the 'Tenant') because the Tenant has been persistently late in paying the Tenant's rent. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard via video conference on July 16, 2021.
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🧑‍⚖️ Same adjudicator

Debbie Mosaheb

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